Normal Wear and Tear: New Mexico Security Deposit Law

New Mexico prohibits landlords from charging tenants for normal wear and tear. Learn what qualifies, what doesn't, and how to dispute improper deductions.

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Law verified March 1, 2026

Normal Wear and Tear: What New Mexico Law Says

Normal wear and tear is legally protected in New Mexico under N.M. Stat. Ann. §47-8-18. Wear and tear refers to the natural deterioration of a property from ordinary use over time: faded paint, minor scuffs on walls, small nail holes from hanging pictures, carpet thinning from foot traffic. Your New Mexico landlord cannot charge you for any of these. Deductions must be limited to actual damage beyond what's expected.

Tenant Tip

If your landlord charged you for items that reflect normal aging: touch-up paint, light carpet wear, minor scuffs, these deductions are very likely improper in New Mexico. Document everything and check your eligibility for our free analysis.

Normal Wear vs. Damage: New Mexico Examples

Normal Wear (NOT chargeable)

âœ“Minor wall scuffs from everyday living
âœ“Small nail holes from hanging pictures
âœ“Faded or lightly worn paint
âœ“Carpet thinning from foot traffic
âœ“Loose door handles from regular use
âœ“Small water stains under normal condensation

Actual Damage (may be chargeable)

âœ—Large holes punched in walls
âœ—Burns on carpet or counters
âœ—Broken windows or fixtures
âœ—Deep, permanent carpet stains
âœ—Pet damage beyond normal shedding
âœ—Unauthorized paint in unusual colors

What to Do if Your New Mexico Landlord Charged for Normal Wear

Under N.M. Stat. Ann. §47-8-18, deductions for normal wear and tear are explicitly prohibited in New Mexico. If your landlord charged you for items that clearly reflect ordinary use, you have strong grounds to dispute those charges.

Document your dispute in writing, citing N.M. Stat. Ann. §47-8-18. Use our free analysis to evaluate your specific charges and calculate what you may be owed.

Legal Reference

Wear & Tear Protected

Primary StatuteN.M. Stat. Ann. §47-8-18

Penalty StatuteN.M. Stat. Ann. §47-8-18(D)

Small Claims Limit$10,000

Statute of Limitations6 years

Questions

Common questions answered.

Your New Mexico landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by N.M. Stat. Ann. §47-8-18.

If your landlord misses the 30-day deadline, they forfeit the right to withhold any portion of your deposit under N.M. Stat. Ann. §47-8-18(D), even deductions that might otherwise have been valid.

No. New Mexico law under N.M. Stat. Ann. §47-8-18 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

Normal wear and tear in New Mexico includes: minor wall scuffs from everyday living, small nail holes from hanging pictures, faded paint over a standard tenancy, carpet thinning from foot traffic, and minor dust or dirt buildup. These are expected costs of renting and are explicitly prohibited as deductions under N.M. Stat. Ann. §47-8-18.

Things that go beyond normal wear: large holes in walls, burns on counters or carpet, significant staining, broken fixtures due to misuse, pet damage beyond normal shedding, graffiti or deliberate markings, and damage from neglected maintenance. New Mexico landlords may deduct for these when properly documented and itemized.